|
|
|
|
The Qype Conditions of Use form the basis for your Qype membership. They govern your rights and duties during your use of Qype.
Qype collects, saves and uses your data for the purposes of the provision of this offer only.
The data protection conditions of Qype http://www.qype.com/home/faq_chapter_one#Privacy are a component of these conditions of use.
If Qype should want to use your data for other purposes, this will only take place with your prior agreement (consent). If saving your data should no longer be required, e.g. if you end your membership, all of your personal data will be deleted.
You are able to freely select your user name. The user name which you chose must not, however, contravene current German law, the laws of third parties, these conditions of use or moral and ethical standards. The following limits apply:
When choosing their user names, members must not ...
As the owner of a user name, you are responsible for all contents which are published under your user name.
When choosing their user image, members must not ...
You are responsible for all contents which are published under your user name. For this reason you select a password for your user name and take all of the necessary measures to ensure it is not concealed. You are responsible for the unauthorized use of your user name by third parties.
Qype is able to take the necessary action in the event of knowledge or suspicion of misuse of your username or password. This action may include the temporary blocking of your membership or access to Qype, or their permanent closure.
As a Qype member, you have a wide range of different possibilities for participating in the community and for the setting and placing of contents.
Please also note that the placing and setting of the following contents on the Qype platform is not permitted:
Contents which are not permitted:
Reviews
As a Qype member you are authorised to write reviews. Qype reserves the right to publish these reviews on the Qype reviews platform. Qype members do not have an automatic entitlement for their reviews to be published.
The following rules apply to the reviews:
Qype is authorized to block reviews which you have posted in Qype if justified suspicion should exist on the basis of specific evidence that the legal requirements of these conditions of use have been contravened. Qype reserves the right to check and if possible delete reviews which you have posted in Qype.
Qype is also authorized to weight reviews posted by the Qype members. For example, Qype is authorized to give reviews by Qype members who post several reviews a higher weighting than reviews by members who post fewer reviews. The same applies to reviews by Qype members which are given positive ratings by other Qype members.
a) When posting contents (reviews) and/or with the placing of your photo, with regard to these contents, you give Qype the not exclusive right, unlimited by either time or region, to use the contents and the photo along with the user name which you have chosen.
b) While maintaining the author's moral right and your personal right, Qype is in particular authorized to duplicate, prepare, provide public access to and to make your reviews available on request (online-, access-, and transmission rights) and to archive them and save them in databases.
c) You agree to be found in a member search using criteria such as sex, age, and other public profile information that you have supplied to Qype, unless you specifically disallow this in your account's privacy options.
d) Qype is only authorized to process the contents and the photo that you have provided in as far as this is necessary for the purposes of graphic representation or for editorial reasons.
e) Qype does not have to pay you any fee for the granting of the user rights described here.
f) You are able to affirm that you have all of the rights to the contents and photos which you have made available, especially being authorised to be able to transfer the rights described here to Qype. Persons who are depicted on photos must be adults and must have given their agreement to the uploading of the photo. Photos of minors require the corresponding permission of a parent / legal guardian.
g) Qype members do not have an automatic entitlement for their contents of photos to be published in Qype. Qype decides whether such information is published on the basis of its own editorial evaluation. With photos, Qype is not obliged to name photographers.
h) If third parties should take legal action against Qype due to either the contents entered by you and/or the upload, and/or the use of photos (particularly due to the contravention of personal rights, copyright, trademark rights or ancillary copyrights), you are obliged to compensate Qype for all damages which accrue to Qype through the culpable neglect of duty on your part. The onus is on you to provide proof that either no damage or damage lesser than that asserted by Qype had occurred.
a) You undertake towards Qype to make use of the Qype offer in a lawful manner. This means that you are only permitted to use Qype in such a way or for such purposes that they do not contravene these conditions of use, the current laws of the Federal Republic of Germany, or the rights of third parties.
b) If you permit another person, especially a minor, to access Qype using your login details, it is your duty to ensure that this person is aware of the conditions of use and rules of membership and to exercise due supervision.
c) If you or a third party who uses your user name culpably contravenes these conditions of use or current legislation, Qype is permitted to take the necessary action. Serious contraventions can lead to the full blocking of your access to Qype or the immediate cancellation of your Qype membership.
d) On suspicion of the contraventions under criminal law or public law, Qype is authorized to support the public law enforcement and order authorities in their investigations without having to examine the legitimacy of such investigations and/or requests for information.
e) Within the scope of what is legal permitted, Qype has the right - but is not duty bound - to check all sections of the Qype service for compliance with the conditions of use, especially the rules of conduct that are governed in this section.
f) Qype provides incentives to certain actions of Qype members with so-called "Qype Points". The rules concerning the awarding of the points are specified by Qype only and can be changed by Qype at any time without notice. This means that legal claim exists regarding such points. Points acquired through improper actions will be deleted by Qype.
You are permitted to cancel your membership of Qype at any time without having to provide or comply with a period of notice. Qype is authorised to cancel your Qype membership at any time.
Qype is authorised to cancel your Qype membership with immediate effect if you culpably contravene these conditions of use. If Qype does cancel your membership without notice due to contravention of these conditions of use, then you can only re-register at Qype with the express permission of Qype. Qype members are not authorised to allow former Qype members whose Qype membership has been cancelled without notice to use Qype.
After deletion of your account, Qype reserves the right to keep online any content which you have previously posted to the site, such as reviews, events, comments, etc. This content will be shown without the username and be displayed as content by a deleted user.
Your right to cancel your Qype membership for personal reasons is not affected by these conditions of use.
Qype is liable for every culpable contravention of key contractual obligations, and with the adoption of a guarantee of quality (§§ 443 BGB - German Civil Code) according to the legal regulations. For damages which revolve around the lack of an agreed composition, Qype is only responsible for damages which are supposed to be covered by such an agreement. In all other cases, Qype is only responsible in as far as the damages are caused by gross negligence or deliberately.
In as far as the liability of Qype is excluded or limited according to the regulations at hand, this also applies to the liability of the employees, representatives and auxiliary persons of Qype.
The liability for damages for injuries to life, body or health and liability according to German Product Liability Law remains unaffected by the regulations at hand in every case.
The fact that Qype offers a platform to the contents of third parties does not mean that Qype owns these contents, nor does it mean that Qype agrees with them, takes a position concerning them or will necessarily edit them. The responsibility for external contents is exclusively with the corresponding service provider and/or the member who has posted such contents in the Qype service, not with Qype. If Qype finds out, however, that external contents contravene these conditions of use, then Qype will respond appropriately and in accordance with these conditions of use.
If, however, there is simply the suspicion of a contravention of the conditions of use, then Qype is not responsible for a failure to act unless the contravention can be proven.
If you culpably contravene these conditions of use, then you absolve Qype of any responsibility for any resulting damage that may occur, including the costs of legal defence at the level of the legally accruing fees. The onus is on you to provide proof that either no damage or damage lesser than that asserted by Qype has occurred.
Subject to the following conditions, Qype reserves the right to change the conditions of use and services in as far as the changes are reasonable to you under consideration of the interests of Qype; this is especially the case if the changes do not generally pose a disadvantage to you, e.g. changes to contact information, assumption of additional services or similar.
In general, prior to a change to these conditions of use, Qype will inform you in one of the following methods: Either the changed conditions of use will be made accessible to you prior to the activation of new functions or services on the homepage and your agreement requested, or Qype will inform you about them by sending an email to the mail address provided on registration in advance period of at least one month prior to the coming into effect of the change. Your approval is considered given if you have not expressed your disagreement within a month subsequent to being informed.
The laws of the Federal Republic of Germany apply to all disputes which result in the context of the use of the Qype service, including legal rights and obligations, the effectiveness of the contract and claims of tort.
The legal domicile for all aforementioned disputes is Hamburg. If the residential location or business location of the contractual partner of Qype is situated outside the European Union, then all aforementioned disputes will be definitively decided according to the arbitration code of the Hamburg chamber of commerce under exclusion of the due legal process.
Your Qype membership management service:
Qype GmbH
Deichstraße 29 (Columbiahaus)
20459 Hamburg, Germany
This is an offer by:
Qype GmbH
Deichstraße 29 (Columbiahaus)
20459 Hamburg, Germany,
represented by Mr. Stephen Taylor
Hamburg, 1st September 2008
|
|
